Patna High Court
Vishnu Sanker PandeyversusThe State Of Bihar and Ors
- Decided
- Disposal
- DISPOSED
- Bench
- SUNIL DUTTA MISHRA
Holding
The petition is entertained and the Sub‑Divisional Magistrate is directed to dispose of the pending case expeditiously.
Summary
The petitioner, Vishnu Sanker Pandey, filed a petition under Section 482 of the Criminal Procedure Code seeking to quash an order dated 01‑09‑2016 by the Sub‑Divisional Magistrate of Buxar that converted proceedings under Section 144 CrPC into Section 145 CrPC. The petitioner argued that the matter should be disposed of promptly. The State of Bihar, represented by an A.P.P., raised no objection to the petitioner's request. The Court considered the submissions of both parties and found no merit in maintaining the conversion order. Consequently, the Court directed the Sub‑Divisional Magistrate to dispose of the pending case (Case No. 430(M) of 2016) expeditiously, if it remains pending.
Issues considered
- Whether the order converting proceedings under Section 144 CrPC to Section 145 CrPC should be quashed under Section 482 CrPC.
- Whether the Sub‑Divisional Magistrate should be directed to expedite disposal of the pending case.
Legislation cited
- Code of Criminal Procedure, 1973 — s. Section 144, Section 145, Section 482
Subjects
- Criminal Procedure
- Section 482
- Section 144
- Section 145
- Quash Order
- Expeditious Disposal
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.66937 of 2018
======================================================
Vishnu Sanker Pandey S/o Late Harihar Pandey Resident of Village-
Ramobaria,P.S. Buxar (Ind),Distt.-Buxar
... ... Petitioner/s
Versus
1. The State Of Bihar
2. The Sub Divisiona Magistrate,Buxar
3. Officer-in-Charge,Industrial Police Station,Buxar
4. Omkar Nath Pandey Son of Late Randhir Pandey Resident of Village-
Ramobaria,P.S. Buxar (Ind),Distt.-Buxar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Jitendra Kumar Pandey, Advocate
For the Opposite Party/s : Mr. Jharkhandi Upadhyay, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
2 02-04-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The present petition has been filed under Section
482 Cr.P.C. for quashing the order dated 01.09.2016 passed by
the learned Sub-divisional Magistrate, Buxar in Case No. 430
(M) of 2016 in which proceeding under Section 144 Cr.P.C.
was converted into Section 145 Cr.P.C.
3. Learned counsel for the petitioner submits that this
case may be disposed of with direction to the learned Sub
Divisional Magistrate, Buxar/Court concerned to dispose of
Case No. 430(M) of 2016 expeditiously.
4. Learned A.P.P. for the State has no objection to this
Patna High Court CR. MISC. No.66937 of 2018(2) dt.02-04-2026
2/2
prayer of the petitioner.
5. Considering the submissions of the learned
counsels for the parties, the present case is disposed of with
direction to the learned Sub Divisional Magistrate, Buxar/ Court
concerned to dispose of Case No. 430(M) of 2016 expeditiously,
if still pending.
(Sunil Dutta Mishra, J)
rakhi/-
U T
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